How “Inevitable Discovery” Can Affect an Orlando Manslaughter Case

If the police illegally obtain evidence in a criminal case, you might assume that automatically means that evidence cannot be used at trial. But that is not always true. If the government can prove they would have inevitably discovered the same evidence using legal means, the trial court has the discretion to admit the evidence. This is known as the “inevitable discovery exception.”

Florida Appeals Court Upholds Conviction Despite Illegal Cell-Site Search

A recent Florida case, Craig v. State, illustrates how courts apply the inevitable discovery exception. In this case, prosecutors charged the defendant with murder. The state alleged that the defendant and a co-conspirator “lured the driver of a vehicle and two passengers” to a meeting under the pretense of purchasing firearms from the driver. Something went wrong during the exchange, however, and either the defendant or his co-conspirator opened fire, killing one of the passengers inside the car and wounding the other passenger and the driver.

During their subsequent investigation, Broward County sheriff’s deputies checked one of the victim’s phones and conducted a records check of the numbers that called the victim just prior to the shooting. This check identified one of the incoming numbers as belonging to the defendant. The deputies then obtained a warrant to search the defendant’s home.

While that was pending, a sergeant separately used a cell-site simulator to locate the defendant’s home. The simulator revealed the phone was located in front of the defendant’s house. The sergeant went to the house and notified the other deputies but did not move to immediately confront or arrest the defendant.

At trial, the defendant argued that any evidence obtained through the use of the cell-site simulator was inadmissible, as the sergeant did not obtain a warrant to conduct such a search. The trial court, and later the Florida Fourth District Court of Appeal, concluded that even if the search was illegal, the evidence was still admissible under the inevitable discovery exception. A jury eventually convicted the defendant of manslaughter and attempted aggravated battery.

In its opinion upholding the defendant’s conviction, the Fourth District explained that the illegal cell-site simulator search merely confirmed what the police already knew as a result of their lawful investigation–namely, that the defendant and his phone were present at his house. Given the deputies obtained a search warrant for the defendant’s house on that same day, it was clear to the court that the “discovery” of the cell phone was inevitable.

Contact an Orlando Murder & Manslaughter Lawyer Today

A homicide charge can lead to life in prison under Florida law. So it is important to take any such allegation seriously. A qualified Orlando murder and manslaughter lawyer can review the state’s evidence against you, advise you on any potential weaknesses in the government’s case, and represent you in presenting your side of the story to a jury. Call the Joshi Law Firm, PA, today at 844-GO-JOSHI or contact us online to schedule a free initial consultation.

Source:

scholar.google.com/scholar_case?case=18421609476456947304